Home Office

Improving the effectiveness of enforcement against unauthorised encampments

Sajid Javid: We are fortunate to live in one of the most welcoming countries in the world, which has a proud tradition of promoting respect for the rule of law, for property, and for one another. The Government is committed to creating a just and fair country, where equality of opportunity flourishes and the life chances of all are enhanced.Recent debates in this House have addressed the topic of unauthorised traveller encampments and Members have voiced their constituents’ concerns regarding the impact on both settled and nomadic populations. Ministers across Government have been deeply troubled by these concerns, particularly by the widespread perception that the rule of law does not apply to those who choose a nomadic lifestyle, and the sense that available enforcement powers do not protect settled communities adequately.Unauthorised encampments can cause settled communities significant distress, and for some they perpetuate a negative image of the travelling community, the vast majority of whom are law-abiding citizens.Recognising these concerns, the Government launched a consultation in April last year on the effectiveness of enforcement against unauthorised developments and encampments. Through this consultation, we sought views from a number of stakeholders - including local authorities, police forces, travelling communities and the general public - on whether there is anything we can do to ensure that existing powers can be used more effectively and if additional powers are required.A cross-Government response to the consultation will be issued in due course. From an enforcement perspective, the consultation responses signalled clear calls for the Government to take action. We have identified a set of measures to extend powers available to the police, which we believe will enable unauthorised encampments to be tackled more effectively.Firstly, we will look to amend section 62A of the Criminal Justice and Public Order Act 1994 to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas. Currently, the police can only direct trespassers to sites within the same local authority area. Extending this power would make it more likely that the police and local authorities could act where a shortage of site capacity exists.Secondly, we will look to amend sections 61 and 62A of the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed from land would be unable to return. Currently, the power prohibits a trespasser from returning to the area of land for three months. We plan to extend this time period to twelve months. This would provide greater protection to land targeted by the same group of trespassers on a regular basis.Thirdly, we will look to amend section 61 of the Criminal Justice and Public Order Act 1994 to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised. The number is currently six or more. We would like to change this to two or more. This will increase the opportunity for police intervention and make it more difficult for trespassers to split into smaller groups to avoid enforcement.Fourthly, we will look to amend section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway. The police are currently restricted in dealing with these encampments unless there is a suitable pitch in the same local authority area. We would like to remove this restriction so that it is easier for the police to tackle problematic encampments.I am pleased to announce that the Home Office will soon launch a public consultation on these measures.Our original consultation responses were clear that the majority of respondents believe we should consider criminalising unauthorised encampments, as has been done in the Republic of Ireland. This view has been echoed in the wide ranging debates in this House. I am therefore pleased to announce that we will conduct a review into how we can achieve this.In taking this forward, the Home Office will work closely with the Ministry for Housing, Communities and Local Government, the Ministry and Justice, and also the Welsh Government, recognising that local government is devolved in Wales.I thank Members across this House for their engagement on this important issue.


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Ministry of Defence

Ministry of Defence Votes A Annual Estimate 2019-20

Gavin Williamson: The Ministry of Defence Votes A Estimate 2019-20, will be laid before the House on 6 February 2019 as HC 1852. This outlines the maximum numbers of personnel to be maintained for each Service in the Armed Forces during Financial Year 2019-20.

Department for Transport

HS2 Construction Partner for Southern Stations

Ms Nusrat Ghani: I would like to update the House on the progress of High Speed Two. As part of this Government’s industrial strategy we are investing in High Speed 2, a transformational infrastructure project that will improve people’s journeys, create jobs, generate economic growth and help to rebalance our country’s economy. HS2 is more than a railway and the project’s vision is to be a catalyst for economic growth. It has cross-party support and support from councils, LEPs, Metro Mayors and businesses who can see the transformational potential. HS2 is making progress and the benefits are already being seen, notably in the investment and job creation in the West Midlands in advance of HS2 services, and around 7,000 jobs have been supported so far, rising to around 30,000 at peak. Parliament has approved the powers to proceed with Phase One of the railway, between London and the West Midlands, and we are making significant progress. Early works are well underway: HS2 Ltd has revealed the designs for new stations in Old Oak Common, Birmingham Interchange and Birmingham Curzon Street; enabling works on the route are progressing; decommissioning and preparatory works are taking place. As has been seen with Stratford station in East London, railway stations have enormous power to transform their local surroundings. It is why I approved the appointment of a Master Development Partner (Lendlease) on 22 February 2018 to assist HS2 Ltd in delivering the new Euston station development. This will not only provide unparalleled levels of accessibility, ease and convenience for our passengers, but ensure work with local communities to help unlock wider regeneration, new jobs, homes and opportunities. Last year, the tender shortlist for a construction partner for the two southern stations was released. In a clear signal of how work is progressing, this morning I am pleased to announce the intention to award these important positions to a Joint Venture between Mace Limited and Dragados S.A. for Euston and a Joint Venture between Balfour Beatty Group Ltd, VINCI Construction UK Ltd, VINCI Construction Grands Projets SAS and SYSTRA Ltd for Old Oak Common. They will bring their global construction management expertise to these vitally important pieces of national infrastructure. This demonstrates how progress is continuing at pace in order to deliver stations that will be embraced by their local communities, drive economic growth and improve rail journeys for passengers, whilst at the same time delivering this Phase of the project to schedule and cost. The progress we are making with HS2 is clear evidence that the Government is delivering the infrastructure our country needs to build a stronger, fairer, more prosperous Britain.


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Department of Health and Social Care

EU Exit: Reciprocal Healthcare Legislation

Stephen Hammond: Current European Union (EU) reciprocal healthcare arrangements enable UK nationals[1] to access healthcare when they live, study, work, or travel in the EU and vice versa for EU citizens[2] when in the UK. They give people retiring abroad more security, they support tourism and businesses and facilitate healthcare cooperation.These arrangements ensure that UK nationals living and working in the EU, European Economic Area (EEA) and Switzerland can access healthcare in exchange for paying taxes and social security contributions. The UK also funds healthcare abroad for a number of current or former UK residents. This includes healthcare for UK state pensioners who spend their retirement in the EU and needs arising healthcare when UK residents visit the EU for holiday or study through the European Healthcare Insurance Card (EHIC) Scheme.The Government’s priority is to secure a withdrawal agreement with the EU. However, as a responsible Government, we are preparing for all eventualities, including the possibility the UK leaves the EU without a deal. If necessary, the UK would like to make arrangements with individual EU Member States to ensure that there are no immediate changes to people’s access to healthcare after Exit Day and that there is a strong basis for ongoing cooperation on health issues. The UK is therefore seeking to maintain reciprocal healthcare rights for pensioners, workers, students, tourists and other visitors in line with the current EU arrangements, including reimbursement of healthcare costs, for a transitional period lasting until 31 December 2020. This is only possible with agreement from other Member States and we have commenced discussions on this issue.The Healthcare (International Arrangements) Bill (‘the Bill’) is being brought forward as a result of the UK’s exit from the EU; however, it is forward-facing and not intended to deal only with EU Exit. The Bill is intended to support the implementation of comprehensive reciprocal healthcare arrangements with countries both within and outside the EU to enable possible future partnerships.The Bill can be used to implement complex bilateral arrangements with a Member State that may differ to current EU arrangements, or to make unilateral arrangements to assist UK nationals to access healthcare abroad in exceptional circumstances and in the interests of patient safety. The Bill also provides the legal basis to fund and process data relating to healthcare outside of the United Kingdom.The EU (Withdrawal) Act 2018 will convert EU law as it stands on Exit day into UK domestic law and preserve the laws made in the UK to implement EU obligations. This means that EU regulations providing for EU reciprocal healthcare arrangements will become part of the UK’s statute book on Exit day. Without further legislation, in a no-deal scenario the regulations would not be coherent or workable without reciprocity from Member States. Therefore, on 7 February, the Government will bring forward two Statutory Instruments under section 8 of the European Union (Withdrawal) Act 2018, to prevent, remedy or mitigate deficiencies in retained EU law relating to reciprocal healthcare.These instruments also afford the UK an additional mechanism for ensuring there is no interruption to healthcare arrangements for UK nationals[3] after Exit Day in those Member States who agree to maintain the current arrangements for a transitional period. Through these instruments, the UK can transitionally maintain current EU reciprocal healthcare arrangements for countries where we have established reciprocity during an interim period lasting until 31 December 2020 and no later. The arrangements would not apply to Member States who do not agree to maintain the current reciprocal arrangements with us.Together with the Bill, these instruments are focused on supporting a smooth transition as we exit the EU. Both of these legislative vehicles are necessary to ensure the UK Government is ready to deal with reciprocal and cross-border healthcare in any scenario. They afford the UK Government flexibility of action and ensure the UK is able to respond quickly to protect people’s healthcare.The Bill and the forthcoming Statutory Instruments are intended to support further preparations the UK Government is making with regard to reciprocal healthcare arrangements. The Government has issued advice via the Government and NHS websites to UK nationals living in the EU, to UK residents travelling to the EU and to EU nationals living in the UK. This advice explains how the UK is working to maintain reciprocal healthcare arrangements, but that their continuation depends on decisions by Member States. It sets out what options people might have to access healthcare under local laws in the Member State they live in if we do not have bilateral arrangements in place, and what people can do to prepare. Our advice to people travelling abroad after Exit Day is to purchase travel insurance, as we already recommend now. These webpages will be updated as more information becomes available.The Bill and the Statutory Instruments feed into a broader body of work by the Department of Health and Social Care and across the UK Government, to ensure health and social care systems are well prepared as we Exit the EU. [1] This is a short-hand term for persons who are the responsibility of the UK. They may or may not be UK nationals.[2] This is a short-hand term for EU27/EEA/Swiss-insured individuals i.e. persons who are the responsibility of an EU or EEA Member State or Switzerland.[3] Please see footnote 1.


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Publication of the Kark Review

Stephen Hammond: On 23 May 2018, the House was informed that the Government had asked Tom Kark QC to carry out a review of the scope, operation and purpose of the Fit and Proper Person Requirement. Tom Kark has now completed his review having engaged on these issues with a range of interested parties, including the Care Quality Commission, NHS Improvement, NHS England, and Parliamentarians who had expressed an interest. We are today publishing his Report on the Review of the Fit and Proper Person Test as it applies to directors within the health services in England.Our senior leaders are critical to the delivery of high quality and safe care in the NHS. We owe them our thanks and respect and we need to support them and ensure that they have the right skills and competencies to do these most challenging roles. The review underlines the importance of supporting the vast majority of NHS directors to do a good job and what more could be done in strengthening the leadership in the NHS.Tom Kark has made seven recommendations and the Government accepts in principle the recommendations to develop specified standards of competence that all directors who sit on the Board of any health providing organisation should meet, and to create a central database of directors. We will consider all other recommendations including a mandatory reference requirement and a recommendation to introduce a power to disbar directors for serious misconduct. Tom Kark has also recommended that the Fit and Proper Person Test should be extended to clinical commissioning groups and appropriate arms’ length bodies.It is important we consider this review alongside other proposals on leadership and development for NHS managers. I have therefore asked Baroness Harding to look at how best to implement these recommendations through the system wide workforce implementation process which she is chairing and which is set out in the NHS Long Term Plan. We have asked Baroness Harding to consider a range of options and to ensure that she draws on the views of key partners.I am keen to see the NHS open up to a diverse range of talented individuals from outside the NHS, beyond the traditional NHS background, and more with clinical backgrounds. Excellent NHS directors are vital to delivering a high standard of care and are committed to serving the needs of patients and service users. It is important that we focus on leadership and enhancing the strength of NHS managers as a profession, whilst dealing appropriately with the small minority of directors whose conduct raises concerns about their suitability for their post.I would like to thank Tom Kark and his team for their work in delivering this important report.A copy of the report has been deposited in the libraries of both Houses.


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Ministry of Housing, Communities and Local Government

Unauthorised development and encampments

James Brokenshire: The Government has today published its response to the consultation on powers for dealing with unauthorised development and encampments. This statement should be read alongside the written ministerial statement on ‘Improving the effectiveness of enforcement against unauthorised encampments’ made today by my Rt Hon Friend the Secretary of State for the Home Department.Since 2010, the Government has taken concerted action to address these matters, including issuing revised planning guidance on enforcement, updated policy, and reforms to temporary stop notices. In March 2015, the Government issued advice on dealing with illegal and unauthorised encampments to all local authorities, the police and landowners to encourage them to work collaboratively to tackle unauthorised encampments, and to remind them of the array of powers which exist for tackling such situations.In terms of wider Government support for the provision of traveller sites, the New Homes Bonus provides an incentive for local authorities to encourage housing growth in their areas, and rewards net increases in effective housing stock, including the provision of authorised traveller pitches. In addition, the £9 billion Affordable Homes will provide a wider range of homes to meet the housing needs of people in different circumstances and different housing markets, including funding for new traveller pitches. We have also seen that the number of caravans on authorised sites has increased from 14,498 in July 2010 to 19,569 in July 2018, showing that the locally-led planning system is working.But the responses received in our consultation were clear that significant problems are created by many unauthorised encampments. Responses highlighted the sense of unease and intimidation residents feel when an unauthorised encampment occurs, the frustration at not being able to access amenities, public land and business premises, and the waste and cost that is left once the encampment has moved on.That is why the Government is today setting out a comprehensive range of further measures across multiple government departments and agencies, which will help to achieve the Government’s overarching aim of fair and equal treatment for travellers, while respecting the interests of the settled community. The package includes:a set of measures to extend powers available to the police, to enable unauthorised encampments to be tackled more effectively.a review into the potential criminalisation of unauthorised encampments.new statutory good practice guidance to support local authorities use of powers to deal with unauthorised encampments and a commitment to keep these powers under review, particularly in instances of deliberate and repeated breaches of planning.a commitment to further work to ensure that measures are in place to address issues around the clean-up costs which can occur following an unauthorised encampment.up to £1.5m of funding for local authorities to support planning enforcement through the next round of the Planning Delivery Fund, helping them deal with unauthorised development.a commitment that the Government is minded to extend the period of time that a temporary stopping notice can be in place for.guidance making clear that the Secretary of State will be prepared to review cases where concerns are raised that there is too high a concentration of authorised traveller sites in one location.a commitment to consult on options for strengthening policy on intentional unauthorised development, helping to maintain confidence and fairness in the planning system.work to make information on permanent and transit sites freely available in open data format so that local authorities have a single clear source of data on the availability of such sites.a reiteration of the planning obligations which local authorities already have to make transit sites available and for joint-working between authorities on the setting of pitch and plot targets.Finally, I am keenly aware of evidence showing that members of the Gypsy, Roma and Traveller communities have significantly worse health and education outcomes than the rest of society, and of the prevalence of domestic abuse in these communities. I will ensure that my Department’s forthcoming response to our review of domestic abuse service provision takes into account the support needs of victims from this community, and I will work with my colleagues across Government on a strategic approach to improving outcomes for Gypsies, Roma and Travellers, as well as settled communities.


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